By: Mark A. Rysberg
Many insurance sections of construction contracts contain language whereby the parties involved in the construction project waive all claims against all other parties involved in the project for insurable losses such as property damage and personal injuries.
Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused.
These clauses are good for all of the parties involved as they eliminate disputes and shift the risk of loss onto the parties’ respective insurance carriers. Contractors and subcontractors should work with their insurance agents and attorneys to understand these provisions, as well as, to properly shift insurable risks onto third-parties through the acquisition of appropriate insurance coverages.
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